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The Interferences with the Principle of Consensus in Commercial Mediation - The Impact of the European Level

Author: Vincent TILMAN

Type: Article

ref: 42005431-448

N0:4 of 2005

Pages: 431-448

Mediation is a dispute resolution technique essentially based on agreement. The parties and their counsel engage in a voluntary process to find the best possible settlement with the help of a third party, the mediator. This principle of mutual agreement is nevertheless being put into question. Recently, English and French judges have sentenced parties for not having gone to mediation first, and the Italian legislator has issued a decree obliging the parties to resort to mediation in company matters.
This article analyses the reasons for such a change in a European context where a directive on mediation is being prepared.